by admin | May 13, 2021 | Civil Procedure, Iowa
If the writ is issued to a magistrate, the return shall be made and signed by the magistrate whose decision is challenged, if practicable, otherwise by the clerk of that court. If issued to an officer, the officer shall make and sign the return. If issued to a board...
by admin | May 13, 2021 | Civil Procedure, Iowa
The writ shall be served by a sheriff or deputy sheriff, unless the defendant accepts service of the writ. If the writ is issued to a magistrate, service shall be on the magistrate or clerk of that court; if issued to a board or other tribunal, it shall be served on...
by admin | May 13, 2021 | Civil Procedure, Iowa
The court may issue the writ without notice upon the filing of the petition, or it may fix a time and place for hearing and prescribe reasonable notice to the defendant. If the petition is filed before a final order or decree in the original proceeding or if the...
by admin | May 13, 2021 | Civil Procedure, Iowa
The court may stay the original proceedings even though no stay is requested. If the court grants the plaintiff’s request for a stay, the stay may be conditioned upon the plaintiff’s filing of a bond with penalty and conditions, including security for...
by admin | May 13, 2021 | Civil Procedure, Iowa
A district court judge may order the issuance of a writ to an inferior tribunal, board, or officer, or to a judicial magistrate. The writ shall be issued by the clerk of the court where the petition is filed, under its seal. It shall command the defendant to certify...
by admin | May 13, 2021 | Civil Procedure, Iowa
The writ shall not be denied or annulled because plaintiff has another plain, speedy or adequate remedy; but the relief by way of certiorari shall be strictly limited to questions of jurisdiction or the legality of the challenged acts, unless otherwise provided by...
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